In T 903/16 the examining division had argued that the original disclosure did not indicate or imply that the devices described therein could be new and inventive and had considered the later claiming of such devices as an infringement of Art. 123(2) EPC. The board emphasised that the fact that in the application the disclosed range of devices is stated to be within the means known to the skilled person may be considered when examining other EPC requirements, but it has no bearing on the question of disclosure for the purposes of Art. 123(2) EPC.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_e_1_3_6_b.htm
Date retrieved: 17 May 2021